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Volume 34 | Issue 1
Article 10
1943
This Criminology is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for
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1 Bruce Smith, Police Systems in the United States (1940) pp. 182-184;
Frank G. Bates and Oliver P. Field, State Government (1939) pp. 337-338.
the late Judge George W. McClintic, Republican floor leader in the house in
1919, Oct. 1941. The designation "police" was deliberately omitted from the organization by an amendment passed to secure the promise of his vote from a
delegate who had a strong dislike for the word.
5 House Journal,Extra Sess. 1919, p. 139, Wheeling Register, Mar. 25, 1919,
p. 1; Union Monroe Watchman, Apr. 3, 1919, p. 1; "An Uncertain Tangle,"
Bluefield Telegram, Mar. 18, 1919, p. 4, Letter of John J. Cornwell to C. H.
Quenzel, Oct. 20, 1941 (Hereafter referred to as Cornwell Letter, Oct. 20, 1941.)
6 Welch McDowell Recorder, Apr. 4, 1919, p. 1; Charleston Mail, Mar. 13,
1919, p. 1; "The End is But the Beginning," Wheeling Majority, Apr. 3, 1919,
p. 4.
62
C. H. QUENZEL
STATE POLICE
63
14
citizens who were aware of the abuses of the private guard system.
State papers reprinted the editorial pronouncement of the Pittsburgh Gazette Times to the effect that owing to her "difficult topography" and to "her rich diversified interests" West Virginia would
profit as much from a state police force as any commonwealth in
the union. 5
State police advocates asserted that the opposition was not confined to the merits of the case. For example, they attributed the
unfriendly attitude of certain state officials to their resentment over
the Governor's "refusal to permit the state to be surrendered to
the race track gamblers"-a reference to his veto of the racing commission bill and an appeal to the people who considered horse-racing
and gambling as synonymous activities. 16 The shift of the Wheeling
Intelligencerfrom advocacy of a constabulary to opposition was explained by some as the result of pique at the possible defeat of the
17
gas bill.
Organized labor was unitedly opposed to the bill on the ground
that the state police would be paid by all taxpayers but would serve
only one class, the wealthy capitalists. Furthermore, labor felt that
this service would be restricted principally to strike-breaking and
worker intimidation. One legislator made an unsuccessful attempt
to amend the bill so as to place the expense of the state police upon
the coal operators. The Governor in recommending establishment
to the Legislature had warned the legislators of the need of some
effective precaution against that force becoming the representative
of private interests or employers," and of this the labor leaders
were fully aware.
The intensity of labor's dread of the proposed police force and
the type of appeal it used are both amply illustrated by a labor
paper's description of the force as "a permanent soldiery, trained
and drilled to blind mechanical response to autocratic orders, recruited from the cossack-type of humanity, tempted by a gaudy
uniform, petty authority, plenty to eat, and no mental or physical
exertion." The designation of the state police as Cossacks or Cornwell's Cossacks was widely copied by the opponents of the bill who
stigmatized the constabulary movement as the
shift of "authority
19
from the judge's bench to the colonel's tent.
64
C. H. QUENZEL
p. 4 .
STATE POLICE
65
that a need for a constabulary might exist, but they contended24 that
if it did the proposed force was too small to be of any service.
The cost of maintenance was one of the arguments most frequently advanced against establishing state police. A daily that
favored establishment held that the cost was the only serious objection to the proposed constabulary, while others felt that the state
could not afford it in view of the necessity of paying the Virginia
debt. 25 At least one editor criticized Cornwell's campaign for estab-
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C. H. QUENZEL
Becoming convinced of the need for an adequate law enforcement agency, Cornwell made inquiries concerning the effectiveness
of the constabulary in Pennsylvania and New York. Impressed by
the favorable replies, he discussed the proposal privately with his
trusted advisers. He recalls that "almost everyone" consulted
thought it was right, but that many of them warned him that he was
"crazy to talk about it" because of its unpopularity with labor and
because of the improbability of accomplishment.
Disregarding this advice the Governor discussed the proposal
before the West Virginia Wholesale Grocers' Association at Huntington. Receiving a favorable response, he immediately began to
get in touch with various groups and individuals to create a public
interest in the plan. In a letter to all labor unions in the State the
Governor warned them against indiscriminate opposition to any
form of "military or police"; solicited their aid in keeping West
Virginia free from I. W. W.'s and Bolsheviki; and invited them to
send representatives to the Legislature to help formulate proper
32
legislation.
Whenever the Governor saw an editorial favoring the re-establishment of the national guard he would write the editor and summarize the formidable obstacles to that course of action, obstacles
he had discovered when he had visited Washington for the expressed
purpose of ascertaining the feasibility of recreating the national
33
guard in West Virginia.
Exercising his right to recommend needed legislation, the Governor inserted in his message to the Legislature at the beginning of
the regular session in January a statement of the necessity for an
adequate law enforcement agency. He was not dogmatic about the
form this agency should take, and he emphasized the safeguards
that should be incorporated in the act authorizing its creation.
Cornwell convinced many citizens of the need for state police by
disclosing the number of enemy aliens and other aliens in a message
to the House of Delegates on February 20. In his call for the special
session of the Legislature he included the state police legislation as
one of the foremost items of business. Finally, at the request of the
Republican floor leader in the House and upon the invitation of that
34
body he addressed it just before the final vote was taken.
In addition to his public messages and addresses on the subject
Cornwell secured or retained the support of some legislators through
private conferences. Gubernatorial persuasion, however, was but a
32 Cornwell Letter, Oct. 20, 1941; "Cornwell to the Unions," Fairmont West
Virginian, Mar. 3, 1919, p. 6.
SS Morgantown Post, Mar. 10, 1919, p. 4.
34 Cornwell, Biennial Message, Jan. 8, 1919; House Journal, Reg. Sess.,
1919, p. 839 ;Senate Journal, Extra Sess., 1919, pp. 1-2; Special Message of...
to 1st ExtraSess., W. Va. Legislature, Mar. 11, 1919, pp. 4-10; Cornwell Letter,
Oct. 20, 1941.
STATE POLICE